With a Lasting Power of Attorney (LPA), you can ensure that someone you trust can make decisions for you if you are ever unable to do so yourself.
Ill health or an accident can lead to someone losing the ability to make decisions. This can leave your family in a difficult situation as they may be unable to deal with your finances, property or personal welfare on your behalf.
If you would want someone to take care of your affairs for you, it’s important to make a Lasting Power of Attorney. You can make an LPA covering decisions about your property and finances, as well as one for decisions about your health and wellbeing, ensuring all of your needs will be met.
Our expert team of South Wales Lasting Power of Attorney solicitors can guide you through the process and provide you with a professionally made LPA, giving you complete peace of mind for the future.
Why choose Devonalds for making an LPA
Devonalds has helped individuals and families in Rhondda Cynon Taff and Bridgend with lifetime planning for over three decades. This gives us the seasoned expertise to ensure your needs and those of your loved ones will be met, no matter what the future holds.
Our Lasting Power of Attorney solicitors in South Wales can assist with:
- Making Lasting Powers of Attorney
- Registering Lasting Powers of Attorney
- Changing or revoking Lasting Powers of Attorney
- Advising attorneys acting under an LPA
- Dealing with LPA disputes (including having attorneys removed)
We are proud of our strong connection to the local community, with most of our team being born and bred in the Rhondda Cynon Taff area. This is just one of the reasons we are so passionate about getting the best possible results for each of our clients.
You can speak to us by phone, email or video conferencing and we will be happy to answer your questions clearly and honestly, without unnecessary legal jargon.
Speak to our Lasting Power of Attorney solicitors in South Wales today
What is a lasting power of attorney? (LPA)
An LPA is a legal document which ensures that, if you lose mental capacity, your named attorney has the authority to take care of things for you. Your attorney must make all decisions in your best interests.
Key fact: The person who makes the LPA is known as the ‘donor’.
Mental capacity can be lost due to dementia, mental health problems, brain injury, alcohol or drug misuse, side effects from medical treatment, or other illness or disability.
It is important that an LPA is drafted carefully so that the attorney has only the powers that the donor intends and there is no ambiguity which could cause confusion or conflict later.
Different types of LPA
There are 2 different types of LPA, and it’s up to you whether to make one or both types.
Property & Financial LPAs
A property and financial affairs LPA can give someone the authority to deal things like:
- Buying or selling property
- Bank, building society and other financial accounts
- Welfare benefits or tax credits
- Tax affairs or debts
- Legal proceedings
You don't have to wait until someone loses their mental capacity before using a Property & Financial LPA. For instance, it could be used even if it a physical problem which is stopping you from dealing with your affairs.
Our Lasting Power of Attorney solicitors are listed on the UK Care Guide Website and they have an in-depth guide all about Property & Financial LPA which you can find here: https://ukcareguide.co.uk/lasting-power-attorney-property-financial-affairs/.
Health & Care LPAs
An LPA about Health & Care can give someone authority to make decisions about things like:
- Where you live
- Your day-to-day care, including what you wear and what you eat
- Your healthcare treatment
- What contact, if any, you should have with certain other people
- Access to your personal information
You can make a personal welfare LPA which deals with all aspects of your personal welfare, or only certain things. It's not possible to use a personal welfare LPA until the person who made it has lost their mental capacity.
How to make an LPA
You must make an LPA whilst you're still able to make decisions for yourself.
The following steps are involved in making a Lasting Power of Attorney:
- One of our friendly South Wales lawyers will need to take some personal details about you and your chosen attorney(s).
- We will then fill out the relevant forms which then need to be signed by you and your attorney(s).
- Once you've signed these forms, Devonalds will register the LPA with the Office of the Public Guardian.
- Depending on the terms of the LPA, the attorney may be able to immediately start helping the donor with their decisions or they may only be able to do so once the donor has lost mental capacity.
To get things started, contact your local Devonalds office and speak to one of our expert Lasting Power of Attorney solicitors in South Wales today.
To find out more, view our Lasting Power of Attorney FAQs page.
Choosing attorneys for a Lasting Power of Attorney
Anyone over the age of 18 can act as an attorney, but it is important to choose someone you are confident will be able to carry out the role effectively. This can be a family member or friend, or it can be a professional such as a solicitor or accountant.
You can choose more than one attorney and it is often a good idea to name at least two attorneys in case one of the people you name proves unable to carry out the role when the time comes.
Key fact: If you choose more than one attorney, you can specify that they must make decisions together (jointly) or that they can act independently of each other where required (jointly and severally).
Advice for attorneys acting under an LPA
Acting as an attorney under a Lasting Power of Attorney is a significant responsibility. It is important that the duties involved are carried out in proper accordance with the terms of the LPA and reflect the best interests of the donor.
Our Lasting Power of Attorney solicitors can advise attorneys on matters including:
- Correctly interpreting the terms of the LPA
- Acting in the donor’s best interests
- Assisting the donor with making decisions (as much as possible)
- Making joint decisions where there is more than one attorney named in an LPA
- Keeping proper records and accounts of decisions made and monies spent
Lasting Power of Attorney disputes
Unfortunately, disputes can sometimes arise over a Lasting Power of Attorney. This might be where there is a question over whether an attorney is carrying out their duties correctly or whether the donor currently has mental capacity or not.
Common reasons for LPA disputes include where it is believed that the attorney has:
- Done something they are not allowed to under the terms of the LPA
- Failed to carry out instructions contained in the LPA
- Failed to act in the donor’s best interests
- Misused the donor’s money, property or other assets
- Failed to properly look after the donor’s welfare
- Pressured or tricked the attorney into making an LPA
Our LPA disputes solicitors can assist with resolving such matters quickly and effectively, while always keeping in mind the best interests of the donor. Drawing on our strong skills in alternative dispute resolution, we can typically resolve even the most complicated LPA disputes without the need for costly and contentious court proceedings.
Get expert help with making a Lasting Power of Attorney